Bellie, J.

1. This is a review petition. A Judgment dated 23.2.1990 in Second Appeal No. 839 of 1988 is sought to be reviewed. The Review Petitioner are the defendant is the suit.

2. The plaintiff who was a Government employee filed the suit for correction of his date of birth entered in the Secondary School Leaving Certificate and Service Register etc. alleging that whereas his correct date of birth is 1.8.1932 it has been wrongly entered in the said documents to as 1.7.1930. The suit was dismissed by the trial Court but in the appeal it was decreed by the first appellate Court. As against that the second appeal was filed and the second appeal was dismissed.

3. In the second appeal it was contended by the appellants - defendants that the plaintiff has no right to file the suit for correction of his date of birth as prayed for him since he has failed to file an application for correction of his date of birth before the authorities as per Rule 49(c) of Tamil Nadu State and Subordinate Service Rules in Volume I of the Madras Service Manual, 1977 within five years from the date of his entering into service. But it was argued for the plaintiff that the five years period was inserted